Case of the Week: Up the Anti – Munich Courts Issue Germany’s First Anti-Anti-Suit Injunction in Nokia v. Continental

OLG München 2The Munich District Court (Landgericht München I) has issued, and the Munich Court of Appeals (Oberlandesgericht München) has confirmed in a judgment dated 12 December 2019 what appears to be Germany’s first anti-anti-suit injunction.

In the time-honoured tradition of German case reporting, the judgment is anonymized. However, read in conjunction with press reports and the reported US cases, it is clear that the injunction was issued for the benefit of Nokia of Finland against German automotive supplier Continental in the context of a patent war around connected cars and fair, reasonable, and non-discriminatory (FRAND) licenses. Continue reading

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Cross-Border Risks & Opportunities in Emerging Technology – The ADR Challenge, London, 12 July 2018

Jams LOGOJAMS are organising an afternoon seminar on ADR in the context of emerging technologies, to be held in London on 12 July 2018 (click here for more details). I will be speaking on a panel that discusses emergency relief in arbitration with a focus on intellectual property. This will provide an opportunity to look at the ICC Emergency Arbitrator Provisions introduced in 2012, and at the new DIS Rules, that came into force in March 2018, and under which the arbitral tribunal now has the power to grant ex parte preliminary relief.  Continue reading

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